Cullum v. Branch of the Bank of Alabama
Supreme Court of Alabama
Wext of Error to the County Court of Mobile County. Action of assumpsit on a promissory note for eleven thousand eight hundred dollars, dated October 17, 1836, and payable three years after date to S. Andrews, or order, negotiable and payable at the Bank of Mobile, signed by the defendant and endorsed to the plaintiffs by S. Andrews.
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Wext of Error to the County Court of Mobile County. Action of assumpsit on a promissory note for eleven thousand eight hundred dollars, dated October 17, 1836, and payable three years after date to S. Andrews, or order, negotiable and payable at the Bank of Mobile, signed by the defendant and endorsed to the plaintiffs by S. Andrews. The defendant pleaded— 1. Non assumpsit. 2. Actio non, &c., because the defendant saith that the note in the plaintiff’s declaration mentioned was obtained from the said defendant, by the said S. Andrews, by fraud, covin and misrepresentation, in this, to wit:…
1Opinion of the CourtGoldthwaite, J.
The facts of this case shown by the bill of exceptions, are supposed to present two prominent grounds of defence; the first arising out of the alledged fraud, and the other because of an entire failure of the consideration for which the note sued-on was given.
Our first examination will be of the question respecting the failure of the consideration.
1. Most generally the inducement of a purchaser in treating for the acquisition of land, is to become its oioner. We do not mean to assert that one person may not legally contract with another, who has merely the possession -of the land, although…
2Cases cited15 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Baldwin v. MunnNew York Supreme Court · 1829
- Leonard v. PitneyNew York Supreme Court · 1830
- Bennet v. JenkinsNew York Supreme Court · 1816
10 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Asbury v. CochranSupreme Court of Alabama · 1942
- Strong v. WaddellSupreme Court of Alabama · 1876
62 more not listed; retrieve them via the Exa API.